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Posted: Sun Dec 2, 2018 9:22am
7 replies215 views3 members subscribed
Jan57

Posts: 144

40 helpful points

Location: La Zenia

Joined: 2 Feb 2017

Looking for some advice please.

We live in a new apartment block of 31, 24 of which have been sold, the builders have now said that they have consolidated the owners and now want our bank details for the new community , no one has been contacted regarding forming a community or president etc. Can they do this? Should they not wait until all apartments are sold and then our community will be formed? There are still some major repair works to be done which I think are the builders responsibility and need to be attended to before we start paying any community fees.

TIA Jan

killjoy

Posted: Sun Dec 2, 2018 10:45am

killjoy

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Posted: Sun Dec 2, 2018 10:45am

This is not easy to be answered without knowing further details. Going through all possible scenarios would take too long and take too much space. According to what you say there could be a trap. Is there a "Certificado de fin obras" and do you have a "Cedula de habitabilidad"?

dinnerout

Posted: Sun Dec 2, 2018 11:14am

dinnerout

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Posted: Sun Dec 2, 2018 11:14am

Not entirely sure but I would have thought that the builders might appoint an administrator to set up the Communidad, agree rules, advise cuotas etc. I suggest check with your solicitor. And neighbors - It's in your interests to talk together about this. 

But 24 sold is enough to form a comunidad, don't wait until all sold. 

Steve

Jan57

Posted: Sun Dec 2, 2018 11:29am

Jan57

Original Poster

Posts: 144

40 helpful points

Location: La Zenia

Joined: 2 Feb 2017

Posted: Sun Dec 2, 2018 11:29am

killjoy wrote on Sun Dec 2, 2018 10:45am:

This is not easy to be answered without knowing further details. Going through all possible scenarios would take too long and take too much space. According to what you say there could be a trap. Is there a "Certificado de fin obras" and do you have a "Cedula de habitabilidad"?

Thanks Steve

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Jan57

Posted: Sun Dec 2, 2018 11:34am

Jan57

Original Poster

Posts: 144

40 helpful points

Location: La Zenia

Joined: 2 Feb 2017

Posted: Sun Dec 2, 2018 11:34am

killjoy wrote on Sun Dec 2, 2018 10:45am:

This is not easy to be answered without knowing further details. Going through all possible scenarios would take too long and take too much space. According to what you say there could be a trap. Is there a "Certificado de fin obras" and do you have a "Cedula de habitabilidad"?

Thank you, yes we have both of these, think I will speak to our solicitor as this has came out of the blue, no notification of meeting to organise anything,  building was completed 2016 and has been an ongoing battle with builders to get anything done, ie replace missing pool tiles, fire extinguishers not checked since 2016.

dinnerout

Posted: Sun Dec 2, 2018 11:59am

dinnerout

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Location: Beniarbeig

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Posted: Sun Dec 2, 2018 11:59am

As you probably suspect, this could be the builders trying to raise money to complete all the works. I've not come across it before. The normal process (I think) is that the builders appoint an administrator - or the owners themselves appoint one after an informal owners meeting. The administrator would then call an AGM, and subjects under discussion at that AGM  would include the appointment of a President, the formulation of community rules, setting of budgets to cover operating  costs (eg extinguisher maintenance/lifts/cleaning/and the unfinished works)

Your solicitor should know if an administrator has already been appointed. If there is one, speak to them and show them the builders letter. Even if you don't speak Spanish, knock on doors, show neighbours the letter whenever you can, and start the process. Sorry I can't be more precise, I'm really just saying what I would do in similar circumstances. 

Steve

Jan57

Posted: Sun Dec 2, 2018 12:52pm

Jan57

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Posts: 144

40 helpful points

Location: La Zenia

Joined: 2 Feb 2017

Posted: Sun Dec 2, 2018 12:52pm

Hi Steve, thanks for your help, just found out that builders have appointed an administrator who have called an EGM for 14th December but only one neighbour has been officially informed, the rest of us by word of mouth. We will try to get meeting rescheduled to enable more owners the chance to attend. Jan

dinnerout

Posted: Sun Dec 2, 2018 1:07pm

dinnerout

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Posts: 2191

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Sun Dec 2, 2018 1:07pm

That's promising Jan. Would be worth emailing the administrator and asking for a copy of the Communidad rules (assuming they have been drawn up). Normally the administrator will post up notices about the meeting in the lobby and lifts advising owners of the date/time/place. Our president is Spanish and the meetings conducted in Spanish, not ideal, although the administrators assistant translates before important votes. If you have a majority of British owners you can legally, democratically, appoint a British president and adopt English as the official language for meetings and minutes.  See how you go, good luck. 

Steve

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